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    The central question in this case was what was the objectively applicable law to an employment contract concluded between a Turkish airline and a Dutch co-pilot, in accordance with Article 8 Rome I. The ruling is particularly interesting for the relation between the habitual place of work and the exception clause and points to the elements that should be taken into account.


Amber Zwanenburg
Amber Zwanenburg is a PhD candidate at the Erasmus University in Rotterdam and member of the editorial board of EELC.

Jan-Pieter Vos
Jan-Pieter Vos is a teacher and PhD candidate at Erasmus University Rotterdam, and member of the editorial board of EELC.

    This was a case alleging detrimental treatment for whistleblowing brought by an employee working outside the UK against two co-workers also working abroad in the same location. The Court of Appeal (CA) ruled that there was no jurisdiction for the Employment Tribunal (ET) to hear the claim in relation to personal liability of the co-workers because they were outside the scope of UK employment law. The CA’s judgment potentially has implications for other types of claim brought by UK employees posted abroad where similar personal liability provisions apply, such as discrimination and harassment.


Richard Lister
Richard Lister is a Managing Practice Development Lawyer at Lewis Silkin LLP.

    The Latvian Supreme Court recently used the ECJ Max Planck and Kreuziger judgments to explain how an employer can escape its obligation to compensate an employee for unused leave at the end of the employment relationship. The employer must prove that (a) it was possible for the employee to use the leave, and (b) the employer has in good time informed the employee that leave, if not used, might be lost and will not be compensated.


Gautier Busschaert
Gautier Busschaert is an Attorney at Van Olmen & Wynant.

    For workers without a fixed workplace, travelling time between their place of residence and the first customer and travelling time between the last customer and the place of residence constitutes working time.


Dr. Pieter Pecinovsky
Dr. Pieter Pecinovsky is Of Counsel at Van Olmen & Wynant in Brussels www.vow.be, Assistant at Leuven University and Invited Professor at Université Catholique de Louvain.
Case Reports

2018/32 When is travelling time working time? (NO)

Tijdschrift European Employment Law Cases, Aflevering 3 2018
Trefwoorden Working time
Auteurs Marianne Jenum Hotvedt en Anne-Beth Engan
SamenvattingAuteursinformatie

    The Norwegian Supreme Court concludes that time spent on a journey ordered by the employer, to and from a place other than the employee’s fixed or habitual place of work, should be considered working time within the meaning of the statutory provisions implementing the Working Time Directive (2003/88/EC). This ruling takes into account the Advisory Opinion of the EFTA Court.


Marianne Jenum Hotvedt
Marianne Jenum Hotvedt is an associate professor at the Department of Private law, University in Oslo. She got her PhD on the thesis ‘The Employer Concept’.

Anne-Beth Engan
Anne-Beth Engan is a senior associate with the law firm Selmer AS in Oslo.
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